Deputy county counsel warns MMAC that social-media likes can violate Brown Act; reviews public records rules

Destinee Valeska, Deputy County Counsel for Humboldt County, provided Brown Act and Public Records Act training to the McKinleyville Municipal Advisory Committee on April 22.

Valeska emphasized that a "meeting" under the Brown Act occurs when a majority of members gather and that serial and hub-and-spoke communications outside announced meetings are prohibited. She warned that social-media interactions about agency business—"liking" a colleague’s post is one example mentioned—can constitute a violation per a 2020 legislative amendment. Members were advised to avoid responding to or discussing agency business on social platforms and to avoid sitting together at community events to prevent the appearance of a meeting.

On teleconferencing, Valeska explained that a quorum must be present in McKinleyville and that members are allowed to teleconference twice per year for just cause; members teleconferencing without just cause may not comment and should turn video off. She also described potential civil liability for Brown Act violations and noted the County will not represent individual members if criminal charges arise; members would need private counsel.

On the Public Records Act, Valeska said any writing relating to agency business—including notes, emails, texts and photos on personal devices—may be a public record. She recommended that MMAC members maintain a separate email account for committee business, retain records for at least two years, and avoid deleting records when a request is pending.

The training was presented as guidance to prevent inadvertent violations and to clarify best practices for MMAC members.